Evictly

LTB Order LTB-L-039381-23

Citation
2023 ONLTB 41135
Decided
2023-06-08
Rental unit
1, 1134 JOHN STREET MATTAWA ON P0H1V0
Landlord
9328335 Canada Inc
Tenant
K.W.B.
RTA section
s. 77
Order under Section 77 Residential Tenancies Act, 2006 Citation: 9328335 Canada Inc v B., 2023 ONLTB 41135 2023 ONLTB 41135 (CanLII) Date: 2023-06-08 File Number: LTB-L-039381-23 In the matter of: 1, 1134 JOHN STREET MATTAWA ON P0H1V0 Between: 9328335 Canada Inc Landlord And K.W.B. Tenant 9328335 Canada Inc (the 'Landlord') applied for an order to terminate the tenancy and evict K.W.B. (the 'Tenant') because the Tenant entered into an agreement to terminate the tenancy. This application was considered without a hearing being held. Determinations: 1. The Landlord and Tenant entered into an agreement to terminate the tenancy as of May 10, 2023, and the Tenant did not move out of the rental unit by the termination date set out in the agreement. 2. Since the Tenant did not move out of the rental unit by the termination date, the Landlord was required to file the application to obtain vacant possession. Therefore, the Tenant is responsible for paying the Landlord for the $186.00 application filing fee incurred. It is ordered that: 1. The tenancy between the Landlord and Tenant is terminated. The Tenant must move out of the rental unit on or before June 19, 2023. 2. If the unit is not vacated on or before June 19, 2023, then starting June 20, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 3. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after June 20, 2023. 4. The Tenant shall pay to the Landlord $186.00, for the cost of filing the application. Order Page 1 of 2 File Number: LTB-L-039381-23 5. If the Tenant does not pay the Landlord the full amount owing on or before June 19, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 20, 2023, at 6.00% annually on the balance outstanding. 2023 ONLTB 41135 (CanLII) June 8, 2023 Date Issued Trish Carson Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. The tenant has until June 18, 2023, to file a motion with the LTB to set aside the order under s.77(6) of the Act. If the tenant files the motion by June 18, 2023, the order will be stayed, and the LTB will schedule a hearing. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on December 20, 2023, if the order has not been filed on or before this date with the Court Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. Order Page 2 of 2